The Role of the Information and Privacy Agency in the Openness of Public Institutions
By: Shqipe Gjocaj
The commissioner and the Information and Privacy Agency (IPA) are the main guarantors for the realization of the right of access to public documents and the opening of institutions. The New Law on Access to Public Documents which entered into force in July 2019 assigns the Agency, as an independent body, responsible for monitoring the enforcement of the Law on access to public documents, in training the institutions in law enforcement, setting criteria regarding the webpage content of public institutions, as well as imposing fines for those who fail to respect the law.
The appointment of the Commissioner by Kosovo’s Assembly in July 2021 was a long and a repetitive process. The first vacancy for the Commissioner was announced on April 2019 and was repeated several times. The British Embassy in Prishtina, which supports public institutions in recruiting professionals in key positions of civil service, also complained about the procrastination.
The eventual appointment of the Commissioner, Krenare Sogojeva Dërmaku, an apolitical person evaluated with top scores by British observers, was welcomed by civil society organisations.
Once the Commissioner for Information and Privacy took office, greater commitment on behalf of the Agency was noticed in addressing complaints in regards to the lack of access to public documents, as well as an increase of complaints by citizens, journalists, civil society organisations, and the businesses. Within four months, from October 2021 to January 2022, IPA received a total of 124 complaints, approximately one complaint for each calendric day.
The agency’s webpage has an easy complaint form and the complainant receives an official email response and a protocol number for the open case. This allows citizens, professionals, and organizations to issue complaints easier as well as to receive responses faster.
It is important to note that the complaints of the individuals are numerous or equal to the complaints filed by civil society organisations and the media. For instance, in October 2021, 15 complaints from independent individuals were issued, three from different NGOs, and two from media organisations and one business.
It is also worth mentioning the high rate of cases that AIP has handled or closed. Out of 124 complaints, 62 have been closed and 50% of other complaints are being reviewed. Municipalities and ministries are the institutions with the most complaints. Recently, the AIP decision that fined the Kosovo Bar Association three thousand euros for not responding to AIP’s request for access to public documents, was announced.
Despite the advancement in exercising the right to access public documents, there are nonetheless problems with the current government. Lëvizja FOL has complained for not receiving a reply from the Prime Minister’s Office in regards to their request for access to public documents. In a TV debate with the Prime Minister, Koha Ditore journalist Saranda Ramaj claimed that it took 74 days to realise her right in access to public documents and has managed to meet her right only through the intervention of AIP.
The promising start and the full functioning of the agency proven in numerous cases prove an improvement in regards to the attempts for the full realisation of the right to access on public documents. If further maintained as such, the work of the Agency will not only encourage the exercise of the right to quality access to public documents among citizens, professionals, NGOs, and so on. It will also have an impact on the openness of public institutions, as well as hold them accountable and demand that they enable access to public documents with the least bureaucratic online means possible.
